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Books Library - Online 07122138Py9Z4
Books Library - Online 07122138Py9Z4
2003
A Plain English Guide to Legal Terms
Published by
ISBN 1-871737-29-x
3
A Plain English Guide
to Legal Terms
A Abrogation
Annulment; repeal (of a law)
Ab initio*
Abscond
From the beginning.
When a person fails to present
Abandonment themselves before the court
Giving up a legal right. when required.
Abatement Absolute
Cancelling a writ or action; Complete and unconditional.
stopping a nuisance;
Absolute owner
reducing the payments to
creditors in proportion if The only owner of property
there is not enough money to Absolute privilege
pay them in full; or
A defence which can be used in
reducing the gifts in a will, in
a case of defamation if the
proportion, when there is not
statement from which the
enough money to pay them in
defamation arose was: made in
full.
either house of the Oireachtas
Abduction (Dáil or Seanad) in fair and
Taking someone away by force. accurate news reporting of
court proceedings; or made
Abovementioned during court proceedings.
Describing something which
Abstract of title
has been referred to before in
the document. A document summarising the
title deeds to a property.
Please note:
Words marked * are Latin in origin
Words marked † are French in origin
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A Plain English Guide to Legal Terms
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Active trust
Ad hoc* Adjudication
For a particular purpose. Formal judgment or decision of
a court.
Ad idem*
In agreement. Administrative law
Law which applies to hearings
Ad infinitum* before quasi-judicial or
Endlessly or forever. administrative tribunals.
Ad interim* Administrator
For the time being. Someone who has been
appointed to manage the estate
Ad valorem* of someone who has died
In proportion to the value. without leaving a will.
Admissibility of evidence
Evidence which can be
presented in court.
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A Plain English Guide to Legal Terms
Admission Advocate
One side in a case agreeing The lawyer who speaks in court
that something the other side for a client.
has alleged is true.
Affidavit
Admonition A written statement which is
Reprimanding of a defendant sworn to be true by the person
by a judge. signing it.
Adoption Affirm
The system which people use to Solemnly promise to tell the
become parents even though truth in court or in an affidavit.
they are not the child's natural
parents. Affirmation
Solemnly promising to tell the
Adoptive child truth when giving evidence.
A child who has been legally
adopted. Affray
Fighting unlawfully.
Adoptive parent
A person who has legally Aforementioned
adopted a child. Describing something referred
to previously in a document.
ADR
Alternative dispute resolution Aforesaid
such as arbitration, mediation Describing something which
and conciliation. has been said or referred to
before in a document.
Adverse possession
Occupying of land, without Age of consent
legal title for long enough – The age when a girl can
normally 12 years – to be consent to have sexual
recognized as the legal owner intercourse.
("squatter's rights"). Agency
Adverse witness The relationship between a
A witness who gives evidence principal and an agent.
which damages the case of the Agent
side which asked the witness to
testify for them. Person with power to contract
or act on behalf of others.
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Aggravated assault
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A Plain English Guide to Legal Terms
Amalgamation Annuitant
Two or more companies The person who gets paid a
combining. yearly amount.
Ambiguity Annuity
Capability of more than one An amount paid out every year
meaning. to someone.
Ambulatory will Annul
A will which can be revoked or Cancel.
changed while the person who
made it is still living. Ante*
Before.
Amicus curiae*
Advisor to the court on a point Antecedents
of law who is appointed by the Details about the past of a
court to represent a person. defendant or a person.
Amnesty Antedate
Not punishing a person for an A date before a document was
offence committed. drawn up.
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Appellant
Appellant Arraignment
The person who is appealing to Procedure for calling accused
a court against a decision of a before court to answer charges
lower court. and to say whether he or she is
guilty or not guilty.
Appellate jurisdiction
The authority a court has to Arrears
hear an appeal against a Accumulated debt which has
decision made by a lower court. not been paid on the due date.
Applicant Arrest
The person asking a court to do To seize someone suspected of
something. committing a crime and take
them into custody.
Appointee
The person who gets the benefit Arson
of the use of a power of Setting fire to something to
appointment. cause damage to it.
Appointor Articles
The person who uses a power The clauses in a document.
of appointment.
Articles of association
Apportionment The document which set out a
Division of rights and liabilities. company's rules.
Appurtenances Assault
Minor rights in land. Touching – or threatened
touching – of another person
Arbitrage without that person's consent.
Borrowing money at a low rate
of interest to lend out again at Assent
a higher rate. A document used by personal
representatives to transfer
Arbitration property to a beneficiary.
Settling a dispute by using a
referee. Asset
Something owned
Arbitrator
Referee who settles a dispute Assign
without the need to use the Transfer.
courts.
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A Plain English Guide to Legal Terms
Assignment Attorney
The formal transfer of the A person appointed to act for
rights to something. another person.
Assurance Attorney General
Insurance cover for an event Legal adviser to the
which will definitely happen Government.
such as death.
Audi Alteram Partem*
Assure Hear the other side.
Transfer the ownership of
something. Audit
An independent examination of
Assured records and financial
The person whose life is statements.
insured or who is entitled to
receive the benefit from the Auditor's report
assurance cover. A report and opinion by an
independent person or firm on
Attachment and committal financial records.
Bringing a person before court
with threat of imprisonment for Auterfois convict*
failure to obey the court’s Formerly convicted. One may
order. not be convicted twice for the
same offence.
Attachment of earnings
A court order that deductions Authentication
be made from a person's Verification of document for
earnings. legal purposes.
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Autopsy
B Bankruptcy order
An order that a court issues
Bail against someone if they cannot
To pay, or promise to pay, an pay their debts when they are
amount of money so that an due to be paid.
accused person is not put in
prison before the trial. Bankruptcy search
A document which states
Bailee whether or not someone is
A person looking after items to bankrupt.
keep them safe for the owner.
Bar
Bailiff The collective term for
An officer of the court who barristers. When a person
carries out the court's orders. becomes a barrister it is called
Bailiwick 'being called to the bar'.
The area over which a bailiff Bare trust
has jurisdiction. A trust which holds property
Bailment on behalf of a person until they
ask for it back.
Transferring possession of
goods from the owner to Bare trustee
someone else. Someone who holds property
Bailor on behalf of another person
until asked to return it.
The owner of goods which are
in the possession of another Bargain and sale
person for safekeeping. A contract to sell any property
Balance sheet or investment in land that a
person owns.
Summary of a financial
position.
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A Plain English Guide to Legal Terms
Barrister Beneficiary
A member of one branch of the Someone who benefits from a
legal profession who advises will, a trust or a life insurance
clients, generally works in the policy.
courts, and who receives
instructions from a solicitor. Bequeath
Barristers do not normally deal To give something to a person
with members of the public. in a will.
Barter Bequest
A way of paying for things by Something given in a will.
exchanging goods instead of Bigamy
using money.
The offence committed by
Battery someone who is already
Using physical force on married but still goes through a
someone either intentionally or marriage ceremony with
without their agreement. someone else.
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Bill of sale
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A Plain English Guide to Legal Terms
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Capital redemption reserve
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A Plain English Guide to Legal Terms
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Cheque
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A Plain English Guide to Legal Terms
Claim Codicil
Apply for a right; demand a Amendment to or addition of
remedy; or an application for an existing will.
something such as a right.
Codifying statute
Claimant A statute used to bring together
The person making a claim. all the law on a particular
subject.
Class action
Legal action taken by a number Coercion
of different persons where the A defence that a crime was
facts and the defendants are committed because the person
similar. accused was forced to do it.
Clause Cognisance
A section in a contract. Notice.
Clayton's Case Collateral
This case established a Extra security for a debt.
presumption that money
withdrawn from an account is Collusion
presumed to be debited against Illegal and usually secret
the money first deposited “first agreement between two or more
in, first out”. people to deceive a court or
defraud another person.
Clearing bank
One of several major banks Commissioner for Oaths
which work together to A person appointed by the
exchange and pay for cheques Chief Justice to administer the
which their customers have swearing of oaths.
written. Committal for sentence
Close company When judges have found
A company controlled by a few someone guilty of a crime but
people or by its directors. they think their sentencing
powers are not enough.
Closing order
An order prohibiting the use of
a licenced premises when the
owner has been convicted of
certain crimes.
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Committal for trial
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A Plain English Guide to Legal Terms
Completion Condition
Transferring property in A fundamental part of an
exchange for payment. agreement.
Compos Mentis* Condition precedent
Of sound mind. Something which must happen
before an agreement starts.
Composition with creditors
An arrangement between a Condition subsequent
debtor and the creditors. Something which may happen
in the future.
Compulsory purchase
Taking land when it is needed Conditional agreement
for a public project, such as An agreement which depends
roads or housing. on a certain thing happening in
the future.
Compulsory winding up
The liquidation of a company Conditional discharge
by order of the court. A court may decide not to
punish a criminal immediately
Concealment for an offence and may
Failure to disclose information conditionally discharge the
which the other side would criminal instead.
need to consider when deciding
whether or not to go ahead Conditional sale agreement
with a transaction. An agreement by which the
seller remains the owner of the
Concealment of securities goods until all the instalments
Hiding or destroying a document have been paid and all other
to gain benefit for yourself or conditions have been met.
cause other people loss of benefit.
Consecutive sentence
Conclusive evidence When someone is sentenced for
Evidence which cannot be different crimes and the
disputed. sentences have to be served
Concurrent sentence one after another.
When someone is sentenced for Consent
different crimes and the To agree to something.
sentences are to be served at
the same time.
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Consent Order
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Counterclaim
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A Plain English Guide to Legal Terms
D Debt securities
Debts which can be bought and
Damages sold.
Financial compensation
Debtor
ordered by a court to offset
losses or suffering caused by Person who owes money, goods
another person's action or or services to a creditor.
inaction. Deceit
Dangerous driving When one person deliberately
A standard of driving which misleads a second person with
falls far below that of a careful, a statement which causes the
competent driver and it would second person to do something
be obvious to such a driver that causes them damage.
that it was dangerous to drive Decree
that way.
Order by a court.
De facto* Decree absolute
In fact or in reality.
The final court order.
De jure* Decree nisi*
Rightfully.
A provisional court order.
De minimis non curat lex* Deed
The law will not take account of
A legal document which
trifling matters.
commits the person signing it
De novo* to something.
From the beginning, anew. Deed of arrangement
Debenture A written agreement which can
A document issued by a be made when a debtor is in
company which acknowledges financial trouble between the
that some or all of the debtor and the creditors.
company's assets are security Defamation
for a debt
Making a statement, either
Debt orally (slander) or in writing
Money owed. (libel) which damages
someone's reputation.
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Default
Default Descendant
Failing to do something which Persons born of or from
had been agreed to. children of another.
Defence Determination
The name for the lawyers End or finish.
defending proceedings brought
against someone. It is also in a Detinue
civil case, a written statement by A right involving the
the defendant setting out the defendant's retention of
facts that the defence will rely on. property belonging to the
plaintiff after the plaintiff has
Defendant demanded its return.
A person defending a court
action. Devise
Gift of real property by will.
Delegatus non potest
delegare* Diminished responsibility
A delegate cannot delegate. A defence sometimes used for
someone charged with murder
Dependant that they suffered lowered
Someone who depends on powers of reasoning and
someone else for support. judgement because of their
unusual state of mind.
Deponent
A person who swears on oath Diocese
that a statement is correct. The area covered by a Bishop's
authority.
Deposition
A statement by a witness made Diplomatic immunity
under oath. Immunity given to certain
members of foreign embassies,
Depreciation such as ambassadors, for
The drop in value of an asset crimes they may have
due to wear and tear committed.
Derogation Direction/directing
Damaging someone's rights or Judges must give juries
entitlements. instructions on points of law.
This is called directing the jury.
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A Plain English Guide to Legal Terms
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Domicile of origin
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A Plain English Guide to Legal Terms
Engrossment Evidence
The final version of a document Testimony of witnesses at a
ready for it to be signed. trial or the production of
documents or other materials to
Equitable mortgage prove or disprove a set of facts.
A type of mortgage Ex aequo et bono*
Equity Most legal cases are decided on
The principles of equity are the strict rule of law but where
based on fairness. a case is decided ex aequo et
bono the judge may make a
Escrow decision based on what is just
A deed which has been and fair in the circumstances.
supplied but cannot become
effective until a future date or Ex parte*
until a particular Court application made without
event happens. notice to the other side.
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Ex* dividend
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A Plain English Guide to Legal Terms
F Fieri facias*
A writ of fieri facias commands
Factor a sheriff to take and sell
Someone buying or selling for a property to pay a debt owed by
commission; or an organisation a judgment debtor.
which provides finance for a
business by advancing money
Final judgement
on the value of the invoices the The court's final decision in a
business sends out. civil case.
False imprisonment
Wrongfully keeping someone in
custody.
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Fitness to plead
Foreclosure Freehold
Repossessing property. Describing land that only the
owner has any rights over.
Forfeiture
The loss of possession of a Freeholder
property because the tenancy Person who owns freehold
conditions have not been met property rights.
by the tenant. Frustration
Stopping a contract.
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A Plain English Guide to Legal Terms
G Gross negligence
Act or omission in reckless
Garnishee disregard of the consequences
Person who owes a third party for the safety or property of
a debt which is attached by another.
court order for the benefit of a
judgment creditor. Guarantee
A promise by a person to repay
Garnishee order a debt owed by a second
A court order to a third party person if the second person
who owes money to a fails to repay it.
judgement debtor to pay the
money to the judgement Guarantee company
creditor. A company whose members
only have to pay the amount
General damages they have agreed to contribute
Damages a court will give to if the company has to be
compensate for a wrong done. wound up.
General meeting Guarantor
A meeting of the members of a A person or organisation that
company to make decisions promises to pay a debt owed by
about the company. a second person, if the second
Goodwill person fails to repay it.
Intangible business asset based Guardian
on the reputation of a business A person appointed to look
resulting from the attraction after the interests of a child or
and confidence of repeat of someone who is not capable
customers and connections. of looking after their own
affairs.
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Guardian ad litem*
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A Plain English Guide to Legal Terms
In rem* Injunction
In rem rights relate to property Court order that forbids a party
and are not based on any to do something (prohibitory
personal relationship. injunction) or compels him to
do something (mandatory
Incorporeal injunction).
Intangible legal rights, such as
copyrights or patents. Insolvent
Not able to pay debts as they
Incorporeal hereditament become due.
Intangible property rights
which may be inherited such Intangible property
as easements and profits à Property which does not
prendre. physically exist such as a
patent.
Inculpatory
Incriminating. Inter alia*
Among other things.
Indenture
Deed executed by both or all Inter partes*
parties. Between the parties.
Indict Inter vivos*
Using legal means to officially Between living persons.
accuse someone of committing
an offence. Interest
A legal right to use property.
Indictable offence
An offence which can be tried Interim order
by a jury in the Circuit Court. Temporary court order of
limited duration.
Indictment
Formal written accusation Interlineation
initiating the trial of a criminal Addition to a document after it
offence before a jury in the has been signed.
Circuit Court Interlocutory injunction
the Central Criminal Court, the
High Court or the Special An injunction which lasts only
Criminal Court. until the end of the trial during
which the order was sought.
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Interlocutory judgement
Interlocutory judgement
A provisional judgement.
J
Joinder of parties
Interrogatories
Uniting parties as plaintiffs or
Formal questions in a civil case defendents in a court case.
from one side which the other
side must answer under oath. Joint and several liability
Liability of more than one
Intestacy
person, under which each may
When someone dies without be sued for the entire amount
leaving a will. of damages due by all.
Intestate Joint lives policy
Person who dies without A life assurance policy on more
making a will. than one person's life.
Intimidation Joint tenancy
Threatening or frightening Two or more people having
someone into doing something. identical shares in land.
Invitation to treat Joint will
An offer to receive an offer. A single will which two or more
IOU people make to cover all their
estates.
A written confirmation of a
debt signed by the debtor Joyriding
which implies an undertaking Stealing a vehicle and then
to pay the sum owed at some using it.
future date.
Judge
Ipso facto*
A person whose job is to
By the mere fact. adjudicate in court cases. Since
Issue 2002 Solicitors and Barristers
can be appointed as judges to all
The matter to be decided in a
the courts in Ireland (Supreme,
court action.
High, Circuit and District).
Issued share capital
Judge advocate
Share capital which has been
A lawyer who advises a military
allocated to shareholders who
court which is trying an
have asked for shares.
offence.
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A Plain English Guide to Legal Terms
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Jury
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A Plain English Guide to Legal Terms
Legatee Lien
The person who receives a The right to keep possession of
legacy. something owned by someone
who owes a debt until the debt
Lessee has been settled.
The person a property has been Life assurance policy
leased to. (or life insurance policy)
Lessor A contract between the
The person who lets a property policyholder and the insurance
by lease. company.
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Life assured
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A Plain English Guide to Legal Terms
M Mandamus*
High Court order commanding
Maintenance an individual, organisation,
Money paid to support a administrative tribunal or court
spouse (husband or wife) and to perform a certain action
children. usually to correct an earlier
action or failure to fulfil some
Majority duty.
The age when a person gains full
legal rights and responsibilities. Mandate
In Ireland it is when a person An authority to act given by
becomes 18 years old. one party to another.
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Mediation
Mediation Messuage†
Form of alternative dispute A house together with its land
resolution involving an agreed and outbuildings.
mediator acting as a facilitator
to help the parties negotiate an Minor
agreement. A person under the age of 18
years.
Memorandum and Articles
of Association Minority
The memorandum gives Under the age of full legal
details of: rights and responsibilities.
a company's name,
objects and
Minutes
share capital. A record of the meetings held
the limits of the shareholders' by members, directors and
liability if the company has to others of organisations of
be wound up. companies.
The articles set out the Misadventure
members' rights and the
An unexpected accident which
directors' powers.
happens while lawfully doing
Mens rea* something.
Guilty mind. Most crimes Miscarriage of justice
require proof of guilty intention
The court system failing to give
before a person can be
justice to a person.
convicted.
Misconduct
Mercantile law
Deliberately doing something
Law dealing with commerce.
which is against the law or
Merchantable quality which is wrong.
The assumption in the law that Misdirection
goods sold by a business will
A judge instructing a jury
be fit for their purpose.
wrongly.
Mesne Rates Misfeasance
Income lost by an owner when
Improperly doing something
property is occupied without
which a person has a legal
permission.
right to do.
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A Plain English Guide to Legal Terms
Misjoinder Moratorium
When a person has been An agreement not to take
wrongly named as a party to a action for an agreed period
law suit a court will usually of time.
amend the proceedings to
strike out the name of the Mortgage
misjoined party. Using property as security for a
debt.
Misrepresentation
A material statement which Mortgagee
induces a party to enter into a The lender of the money which
contract. is secured by a mortgage.
Mistrial Mortgagor
A trial that has been made The person who borrows the
invalid. money to buy a property.
Mitigation Motive
Facts which while not negating Reason for a person doing
an offence or wrongful action something.
tend to show that the defendant Muniments
may have had some excuse for
acting the way he did. Documents which are evidence
of a right to something.
Moiety
One half, fifty percent.
N
Molest/Molestation
Natural justice
Behaviour by a person which
The requirement for application
annoys or greatly troubles
of principles of fairness and
another person.
justice for example audi
Money laundering alteram partem* (hear the other
Making money from crime and side).
then passing it through a
business to make it appear
legitimate.
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Natural person
sign contracts,
Non-exclusive licence
receive gifts, and An agreement giving someone the
appear in court either by right to use something but which
himself or through a lawyer. does not prevent other people
being given similar agreements.
Naturalisation
Nonfeasance
Giving a citizen of one country
citizenship of another. Not doing something that one
is bound to do by law.
Negligence
Non-joinder
Carelessness.
If a person who should have
Negligent been a party to legal
Lacking proper care to do a proceedings has been omitted
duty properly. the court may amend the
pleadings to include the non-
Negotiable instrument joined party.
A document which is signed
and is an instruction to pay an Not guilty
amount of money. A court's verdict that the
person charged with a crime
Nemo jude in sua causa* did not commit it.
Nobody may be a judge in his
own case. Not negotiable
Cannot be transferred.
Next of kin
Person's nearest blood relation. Notary
A lawyer, usually a solicitor,
Nolle prosequi* who is authorised to certify
Recorded decision not to documents, take affidavits and
prosecute further. swear oaths.
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A Plain English Guide to Legal Terms
Notice Obligee
A warning of something which Someone who under a contract
is about to happen. receives money or has
something done.
Notice to quit
A notice to end a tenancy on a Obligor
stated date. Someone who is bound by a
contract to pay money or do
Novation something.
Replacing an existing
agreement with a new one. Occupational pension
scheme
Nudum pactum* A pension scheme organised by
An empty agreement. an employer for its employees.
Nuisance Occupier
Doing something that harms The person who is in control of
other people's rights. a piece of land such as a
tenant.
O Offensive weapon
Oath An object that is intended to
physically injure someone.
Swearing the truth of a
statement. Offer
Obiter dicta* A promise to do something or
not to do something.
By the way. Observations by a
judge on law or facts not Offeree
specifically before the court or The person who receives a
not necessary to decide an issue. legally binding offer.
Objects clause Offeror
A clause which forms part of a The person who makes a legally
company's Memorandum of binding offer.
Association It sets out the
purposes the company was Official secret
formed for. Information which the
Government classifies as
Obligation confidential.
A legal duty to do something.
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Omission
Omission
A failure to do something.
P
Panel
Onus
The list of people who have
Burden. been summoned for jury
Oppression service.
The offence of public officials Pardon
using their official positions to Releasing someone from a
harm or injure people. court's punishment.
Option Pari passu*
A type of contract under which Equally.
money is paid for a right to buy
or sell property or goods at a Parole
fixed price by a particular date Release from prison early.
in the future.
Partition
Order Division.
Formal written direction by a
judge. Partnership
Two or more persons carrying
Originating summons on a business together.
A summons that sets out the
questions the court is being Party
asked to decide. The plaintiff or defendant in a
lawsuit.
Outlaw
A person who was not Passing off
protected by the law. Pretending that the goods and
services offered are those
Out-of-court settlement supplied by another business.
Agreement between two
persons to settle a matter Patent
before a court has heard the Exclusive privilege granted to
matter or given its decision. an inventor to make, use or sell
an invention for a period of
Overt act years.
An act done openly.
Patricide
The killing of a father by his
own son or daughter.
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A Plain English Guide to Legal Terms
Payor Peremptory
Person who makes a payment An order which admits of no
on a bill of exchange. excuse for non-compliance.
Penalty Performance
A sum of money which has to Doing what is required under a
be paid if the terms of a contract.
contract are broken or a Perjury
punishment given to someone
who commits a crime. Deliberate lie under oath.
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Personal representative
Reply.
Petition
Circuit Court pleadings
Formal written submission to include:
court seeking redress of an a Civil Bill,
injustice. a Defence,
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A Plain English Guide to Legal Terms
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Preference shares
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Public nuisance
Putative father
The man found by a court to be R
the father of a non-marital Racial discrimination
child.
Treating someone less
favourably because of their
Q race, colour, nationality or
culture.
Quango
An organisation set up by the Rack rent
Government to do a particular The full market value rent of a
activity. It is partly independent property.
and does not form part of the Rape
Government.
Having sex with a person
Quantum meruit* without their permission or
As much as he has deserved. forcing them to have sex
against their will.
Quantum*
Amount or extent. Ratio decidendi*
The reason for the decision.
Quid pro quo*
Something for something. Real
Relating to immovable property
Quiet enjoyment such as buildings or land.
Allowing a tenant to use land
without interference. Real estate
Land owned by someone who
has died.
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Remand
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Revoke
Revoke
To cancel or withdraw.
S
Sale or return
Revolving credit agreement
An arrangement under which
A loan agreement under which goods can be kept by the
a person can borrow again to potential buyer for a period
top up the loan, as long as they while their resale is attempted.
do not go over their credit limit.
Salvage
Rider
Compensation paid by the
Addition attached to a owners for saving ships, aircraft
completed document. and property from the sea.
Right of way Sanction
A legal right obliging the owner To ratify, to approve or to
of land to allow authorised punish.
people to cross it.
Satisfaction
Rights issue Paying a debt;
An issue of extra shares by a settling an obligation by an
company. act; or
settling an obligation by
Riot
substituting something
A gathering of people using, or
satisfactory for what was
threatening to use, violence to
originally required.
achieve a common end.
Riparian rights Scheme of arrangement
An agreement between a
Rights of owners of land on a
person with debts who cannot
river bank.
pay them when they are due
Robbery and the creditors.
Using or threatening to use Scienter*
force while carrying out a theft.
Knowledge.
Scrip
A certificate showing the extra
shares and fractions of shares
the owner is entitled to.
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Settlement
Settlement Sheriff
When property is given, usually A court officer, usually a
by a will or a deed, on a trust County Registrar, who may
for the benefit of people decided seize goods.
by the settlor.
Shoplifting
Settlor Stealing goods from a shop.
The person who gives property
to a settlement. Silent partner
Person who invests in a
Several company or partnership shares
Separate. in the profits or losses but
takes no part in administering
Shadow director or directing the organisation.
A person who has not been
appointed a director of a Simpliciter*
company but nevertheless gives Simply.
instructions to the directors
which they comply with. Sine die*
Indefinitely.
Share capital
The money invested directly in Slander
a company by its members. Saying something untrue about
a person.
Share certificate
A document which certifies who Slander of title
owns shares in a company. Falsely and maliciously denying
someone's title to property
Share premium account including real property, a
An account in a set of books business or goods.
recording the extra amount
over face value that shares Small Claims Court
have been issued for. A section of the District Court
which deals with small claims.
Share There is a simplified way of
A portion of a company. A making a claim where the claim
share certificate constitutes is for no more than k1269.77
proof of share ownership. (as at September 2003).
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60
Statute book
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Surety
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A Plain English Guide to Legal Terms
Tender Theft
Supplying a price for a job. If Taking someone else's property
an organisation asks firms to dishonestly with the intention
send in tenders for supplying of never returning it.
something they are asking for
firm written offers to do the Threatening behaviour
work to an agreed standard Using threats, abuse or insults
and at a stated price. against another person.
Tenement Timeshare
Property held by a tenant that An arrangement where people
could be subject to rights in his can buy a share in part of a
favour. property for a period of time in
each year.
Tenure
How a piece of land is held by Title
the owner. The right to own something.
defamation,
Testify false imprisonment, and
Give evidence. trespass.
Testimony Tortfeasor
The evidence a witness gives Someone who commits a tort.
in court.
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Tracing
Tracing Trespass
Equitable right of a plaintiff to Unlawful interference with
reclaim specific property, another person or his property
through the court, where the or rights.
property has passed on to
others. Trespassing
Going on land without the
Trademark owner's permission.
A mark which is registered at
trademark registries and which Trial
is used on products produced An examination of the evidence
by the owner. in a case and the law which
applies.
Transcript
The official record of a court case. Tribunal
A body set up to act like a
Transferable securities court outside the normal court
Securities such as debentures system. A forum to hear
which can have their ownership disputes and with the authority
changed. to settle them
Transferee Trust
Person who receives property A financial arrangement under
being transferred. which property is held by
named people for someone else.
Transferor
The person who transfers Trust corporation
something to someone else. A company which acts as a
trustee and holds trust assets.
Treason
The crime of betraying your Trust deed
country. A legal document which is used
to create, change or control a
Treasure trove trust.
Treasure found in a hiding
place and whose owner cannot Trustee
be traced. A person who holds property
and looks after it on behalf of
someone else.
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A Plain English Guide to Legal Terms
U Unreasonable behaviour
Behaviour by a married person
Uberrimae fidei* that justifies the other partner
Of the utmost good faith. in the marriage living apart.
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Vicarious liability
Waiver Will
Renunciation of a right or A legal document which people
benefit. use to leave as a gift money
and property when they die.
Ward of court
Winding up
A person who is protected by
the High Court such as a Disposing of all a company's
minor. assets and paying all its debts.
Without prejudice
The document may not be used
as evidence that a contract or
agreement exists.
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NALA
76 Lower Gardiner Street,
Dublin 1,
A Plain English Guide
Ireland.
01 855 4332
literacy@nala.ie
to Legal Terms
www.nala.ie